The Sun. — London, England, 1808-07-15 00:00:00

LAW* RRPOICI. COURT OF KING's SENCN, 1u 13. SITTINGS AT WESTM!NSTZR HALL. CUMB6RS V. Gt:LLAN. The parties in this action were hot h.horse-dealers, and it was brought by Mrs. Cumbers, to recover 241*! tne value of a mare hired from her by the De: fendant, which had died, as was alh-;dged, by being over-ridden. It appeared that a Mr. Foster, of the Audit Office, Somerset-house, had been in the' habit of hiring horses occasionally from the Defendant, who, when unabld to accommodate his customers, hadAuthorised his hostler to get horses from the - Piaintiff. Upon . Thursday, the sth of August last, this case accordingly happened ; Mr. Foster called at Gullan's, wishing a horse to go, to 'Woolwich, to visit a brother belonging to the Navy; but the hostler not being able to furnish one, went to the Plaintiff, and procured the mare in question.. From the evidence it appeared that this . niare was appa rently in - pertect. health when it set off to Wool wich, but on its return it was evidently overheated, and Mrs. Cumbers having considerable skill in the veterinary art, thought proper to administer td her mare a ball or two of her own preparation, together with a tankard of ale. This remedy, which was in tended to cool her, had not, however, the desired' etleet, for the mare languished until the Sunday • morning following, when `she died. Mr. Foster's evidence shewed that he not having met his brother at Woolwich, •he rode to General Hurst's, about three miles beyond that place, where he understood he was upon a .visit.. There not_being room to ac-, commodate the mare at the General's, the coach man took her to a neighbouring inn. Next morning Mr. Foster and his'brother set off for Woolwich, 'the one walking and the other riding. When they reached Woolwich Common, the artillerymen were firing at a mark across the road, which started'the • mare considerably, and in' order to get her to pass them Mr. Foster had to apply his spurs and his whip with some degree of violenCe, and leaving his bro ther at Woolwich, he pushed on towards London, and reached Mrs. Cumbers' at twelve o'clock. The mare, after its decease, was opened by two farriers, toe, presence of several others, in order to ascer tain the real cause of its sudden death. As Do tors often differ in opinion, it so happened in the pre sent instance, tor the one farrier attributed the in flammation, which had evidently taken place upon the lungs, to its having been over-ridden, and the other to an indisposition of long standhig. The matter thus depended .upon the weight of the cor roborating evidence upon each side, to strengthen either of these assertions. The Jury gave a verclid foi the Plaintiff. M'HITTINGBURY V. DUFFY. This was an attion brought by a journeyman carpenter against a master builder for an, assault. — It appeared that qle.Defendant erLployed the Plain tiff and his father to do some work for hitn, at a hoUse upon the Hackney Road. Upon his coming to the premises, on the 6th of. November last, find ing some part of the work had ken wrongly executed, Mr. Duffy flew into a violent passion, and pushed the Plaintiff out of doors. Upon this the father-and another workman interfered, and in their turn as saulted the liefendant. It thus appeared,„ that there were errors upon both sides, and aCcordinglY, by the direttion,of Lord ELLENBOROUGH, a jurur was Withdrawn. HAIINVQI)D V. LOMAS. himself Gentr6raan, who swore he , had seen pinata. Yoting that morning, and she was at the time in strong convulsion fits, _which would render. it im- • possible for her to be present at the trial this day. ,The ATTORNEY GENERAL not being satisfied of the truth of the statement in the affidavits, the De fendant Roberts was called on, and asked if the per son, Sam. Coles, who _bad' Made the affidavit as to the situation of Dinah Young,: was not his servant ? This : . he denied. Q. \Vas he not the person of that name, who had been his servant ? A. He had, been his - servant, but had- ceased to be so for mote than Le months. —Q. How has he so speedily acquired the title of Gentleman ? A. Having ceased to at in a servile capacity, and following no other avoca tion, .the description of " Gentleman" seemed most proper. After some little interval Cole himself was found, and on being examined by Lord ELLENBOIIOUGII, falsified the material part of his own affidavit, by confessing he had not seen Dinah Young in convul sion fits, as deposed, but she had told him she had been in that state, and was so weak in consequence, that she was unable to attend. The trial was then ordered to proceed. The ATTORNEY GENERAL opened a case s to the leading features of which the public are no.strangers. This was an indiEttnent charging Robert Brown, Ed ward William Roberts, and Dorothea Brown, alias Dorothea Roberts, alias Dorothea Cole, with con spiring together to give false descriptions of them selves, and of their circumstances and situations in life, for the sake of detrapling all who could be in duced to deal with them, of their property, goods, and chattels. He proceeded to detail the acAS of the Defendant Brown, and of a Lady who appeared as his wife, in a house, No. 36, Great Coratu-street,,in the months of August, -September, and OEto,ber, within which time an ironmenger of the name of Hancock, an upholsterer of the name of Bailie, ano ther upholsterer of the name 41 Rackstraw, a coal merchant of the name of Peck, and others, Lad been defrauded of property to the amount of several bun 'dred pounds. Mr. Brown and his Lady came to the shops of these tradesmen, sometimes on foot, some times in their chariot. • Mr. Brown Was represented, both by himself, and in . p.resclnce of the Lady, as a person of the greatest respeelability, who had consi derable • landed property in - Scotland,. was a - wine Merchant in the City, and had' considerable cargoes on board of different vessels at sea. After some time, Mr. Roberts, who during the former part of those transaEtions had been in the Fleet, arrived. Things were then changed; Mr. Brown came only occasionally to the house and the Lady, who was formerly known by the domestic servants as Mrs. Brown, became, with the furniture, the property of Mr. Roberts; and was known by his name. When the tradesmen who had furniShed their goods, however, alarmed at the rumours which were flying about,' came to look after their property, they found it . in the possession -of Sheriff's Officers, who had taken it in execution on a bond iii judg ment, granted by the Defendant Brown tp the other Defendant. Roberts bialself was, at the time, dg teded by one of the tradesmen bed-room with the • Lady whom he, had formerly known as Mrs. Brown ; and on being questioned how he had taken out the execution in guestibn, denied that it was tins process, but that it bad been taken out by a brother of his, a barrister in:Lincoln's Inn. These , fae4swere clearly made out by the evidence of Mr. Hancock, Mr. Bailie, Mr. Rackstraw, Mr. MARRYATT, as Counsel for the Defendants, maintained, that evidence. of more. than one of these alledged offences could not be given in one indict-' i went. As - well might. a person be charged c)n amid , diament with four or five highway robberies!, t e then suspicion arising from the one accusation be adduced as a sort of auxanaryproof leading to condemnation on the other. Lord ELLENBOROUGH asked,could not a person be indiCted for being a common cheat ? and what did the present indiiatnent charge, but that the Defendants conspiring to carry on the trade of common cheats, had, in furtherance of that Qbjea, given false de scriptions of themselves; . and thereby committed frauds against those tradesmett who would deal with them. To make out such a charge it was necessary that the instances should be accumulated, in order to the formation of the aggregate. The Servant of the Defendants in the house, 36-, Great Coram-street, swore, that during the first three weeks of his residence .in the fdmily, Mr. Brown and the Lady alone occupied the apartments, she being then known as Mrs. Brown but that after Mr.. Roberts' appearance, Brown only occa sionally came to the house, and the Lady -was ordered to be known by the name of Mrs. Roberts. This was an *talon brtjught by the assignees.of a bankrupt, named Odell, toirecover 4ml. the mount of a bond due' by the Defendant to the bankrupt) not upon the ground that the money had not been. paid, but because the Defendant was, at the time he did pay it to Odell, in the knowledge of his cre ditor being insolvent, and a bankrupt. A legal point arising upon the constration of the Al of the Igth of Geo. H. it was reserved for a subsequent case ; and the %Jury being of opinion that.the lefendant bad no reason to think Odell was a bankrupt, merely on account of his haying brought a writ of error, to gain time in an action brought against him, which was the reason alleged why he (the Defend ant) should have known of the bankruptcy, fonnct a verdia for the Defendant. JULY 14. ;ITTLN.GS BZFORXLORD E LLENHOROUC4L A,ND A LYILCIAL JURY WRIGHT V. SHELDEAKE. This was an anion by the Plaintiff, who is an emi nent upholsterer, against the Defendant, who is a truss-maker in the Strand, to recover a balance of 4701. - 17s. 20. for furnishing a house in the neigh bourhood of Tottnham-court-rOad, for a Mrs. Knight, and for whom the Defendant had made !limself liable. Mr. GARHOW, %VII() stated the case to the Jury, said, it, was the Defendant's wish that his concern for Mrs. Knight should not appear to be a matter of • intrigue, but of they purest philanthropy ; and the house where the Lady lived was converted into an asylum for Ruptured Children. 'ln short, the De fendant's liberality kept pace with Mrs. Knight's taste, and the llou.e was fdrnished in the first style of elegance and fashion.—The Learned Counsel then read a letter from the Defendant to the Plaintiff, wherein he engaged his own credit. Upon this,'" The ATTORNEVGENERAL interfered and :said,, the playful observations of his Learned Friend were of little consequence, further than . as they might create domestic differences in the Defendant's faint* ly 5 but he had heard him alio. read a lettei•,. Which he- was ready to confess would make his Client liable. The truth was, that the Defendant, from motives of humanity . and philanthropy, Dad placed some ruptured children in an infirmary under the superintendance of the Lady, alluded to,. and if he had made himself-liable , for the furnishing of the house, it was just he should pay it. • He therefore agreed that the Plaintiff. should have a Veidiei for qubjea to the v4.lstrne.nt of the Account. JURIES• HE. IC.ING V. AND ROBERTS. erilpt was made to postpone the trial of this affidavits 441 w Defendant, Edward Wm. Esq. Blrriater-at-Law, that a young woman of - Dinah Young W2S a materiitl witness fence and by Samuel Colss, describing FOWLES V. SMITH, ESQ. alone. Mr. MARRIATT submitted to. the Jury, that the case, as laid in the indictment, was not made out. It appeared, that Mr. Roberts had been in the Fleet down to the 25th of September, if not later ; it was therefore going far indeed, to hold that he was a party or privy to_ any representations made by the other Defendants, for nearly tWo• months preceding that period. The ATTORNEY GENERAL replied. Lord ELLEN BOROUGH addressed the Jury, laying, it down, that the subsequent conduct of Roberts ar gued strongly his ori(ginal privity to the whole trans a&ion. He left it with them, however, to, say which, if any, of the parties were guilty of the con spiracy charged against them. The Jury, without hesitation, found all the par ties guilty. COURT OE COMMON PLEAS, lUL? r 3. SiT,TINGS BEFORE SIR JAMES MANSFIELD AND S:ECIAL The Major proceeded,, and: admitted that Miss Fowles had slept with another person in his house ; he denied that he had wafer said the goods in (1 ,-,,. 5 -tion tion were his property admitted that some election books, music books, and old tmeks, were his pro perty; that the pi&ure of a, lady was vainted in India, which pi6tUre was arnoript those seized ; ad mitted that he slept one night in : .Northumberland-. street ; and that he' is P,t present in the Rules of the Fleet Prison. Mr. Wilson, au&ioneer, proved that the goods sold for' 27 This was the substance of the evidence. M. Serjeant Sit EFnEItD contended that his client's, Messrs. Savage and Co. must have a verditt ; for it was evident that the furniture• was the Major's indeed it was idle to suppose that such costly trap pings could be the property of a young person, jour ney wonaan ton straw-hat maker, who had no friends of.her own tb purchase them ;: the trappings were more fit for a modern lass than a decent tradeswg , man about to begin , the world. A more gross case of suspicion never carne. into a Court of Ju,tice-; it was a colourable saile to defeat the just creditors.—, Messrs. Savage and Co. had, entrusted the Major with carriages to the amount of 3701. and he now Aught to deprive them of a part of their levy. He should prove by evidence the Major had acknowledged the goods to be his property ; and therefore his clients would be entitled to their verdict. • Frederic Fisher, a Serjant at Mace-of the City of London, stated that the Major had lodged at his house in the Old bailey ; he teld the witness Savage had got all the goads in Middlesex, and he wished him to get them back if possible ;- he did not care what it cost him, so the plaintiff received no benefit from them. The witness declined interfering. He then wished the witness to claim the :goods in the Old. Bailey, as he expeEted an execution against them : this was also declined, and the Miljoi; remov ed' his goods. • The Major told him that Miss Fowles had lived with him as his wife. Mrs. Morris was next called—She stated that she became acquainted with the Major in the King's Bench prison, from }which, she was relieved by hitu„, and called afterwards to. thank him at Durweston street, where a Miss Graham lived. He then made witness-an offer to come and live in his house until she got a.better situation, She accepted . the offer, and Miss Fowles was in the habit of visiting her.— At that time she worked with a Mrs. Odell, in the strew hat business, and lived at her aunt's, in Hem ming's-row. She afterwards came to reside at the Major's, and slept with him. The Major wished to have had the furniture assigned to the witness but Mr. Castles, the' attorney, said that could not be, as she was a married woman : she, however, paid bills, and aoed , , in every other respect as the ostensible proprietor until she quitted in Aueiusr laSt. On her cross-examination, she said that her hus band's name is Joseph Morris, an Attorney, to whom she hadbeen married 21 years ; that she re, sided with the Major by her husband's leave,, but without licence being drawn up ; that - she bad for merly lived in Ifeland, but never had been taken i up on a criminal charge. Admittedthat Miss Fowles was a virtuous girl until .she introduced her to the Major. Denied that she hadmade the Major's house, ' in his absence, a, receptacle for prostitutes, or that Noblemen and Gentlemen came ,there•for the par poscsof meeting Ladies ; never'received 301. for the purchase . of Fanny's virtue, or the virtue of any other young girl. Sir JAMES MANSFIELD here observed, that the case was clear enough. It was impossible a yoeng.girl,, under such circumstances, could have money to .puro. chase the goods v, hick she now claimed. • The Plaintiff Was accordingly Nousuited, Tills was an adiOn -.brought by Miss Margaret Fowles,against the Defendant, Sheriff of Middlesex, to recover 1,4e,:k certain articles of household furni ture, which she alledged had been unlawi ally seized, they being her property. Thee Defendant pleaded that the goods were not her property, but belopged to Major Davison. The case was stated by Mr. Serjeant CocKgt.L; from whose statement it appeared, that the Pitiin tiff had purchased this furniture of .the Kfjor, ,, and. had them conveyed to' her residence, No. North-: uniberiand-street, New-road,,Mary-lc-hone ; that she intended to com►nence business in the straw fiat JOL'i 14, line; where the creditors of are 'Major . (llttar's. Saviage and Walker, coa.ehratakers) issued against his_-IiINKL . ~ .i, • . VES V. - SI..ATEL . . the goods in qUestion a wr i t off. j'a. and swept them . ~ . was am from the Court of Chancery tn all off. He should prove that th e transaction, as . try the v.alidity of a Will. The cause occi.ipie , :t'tlie . betweenAliss Fowles and the Major, was a tona,fidc Whole - Of the day; hut all that can have any interest one, and therefore the consideratio n of tile :Jur y for the public may be stated in a few words. 4 would be the quantum of:damages. . Mr. Sinn li,who had beeu a Magistrate, and. was said Esther Platt, servant to Mist Fo wles, Stated, that to . have at' one tittle reiresented the County of Lei, " Monday cester in Parliament, made i Will in favour of the four . mencame about nine or ten o'clock. era 1800 a few montha before he eyening, the latter end of January, aud.shewed her . p l aintiff in the died, which was at the age of &q::. He I•ad made - a halstreas . the writ of execution. Her mistress ex, hi-bited her receipts for the goods, but they deft a Nai ii • • 1 IEI t7.na a in favour of the DAa efendant, d. a, man in possession till Friday, when every. article, Mrs. i I,asswena ~ • , whom be was•wont to call hisadopt ed claughtUr. He - had lived with 'Mrs. Pas Swell at save a few pans and saucepans , w ere removed from Wapping, till , within a feW years of his. deatha.and. the premises by virtue of the author it y of t he w r it, quitted her'sliouse only in• - ' 4 " The witness pro Ned that a great many articles of I husband consequence oa , these goods were brought horn, Alsop's ]?lace, the i • , - . . his paving failed- in business. He .afterwa: , !a weht residence of the Major. to live with the -Plaintiff, and was with him it the A Mr. Simons, a linen-draper, Mr. Norria, an time' he executed the last Will.. The objeal of the; upholsterer,, Mr. Price, a glass-seller, Mr. Bulmer, Defendant was, to set asitle ; this Will ou the grotand . floor-cloth-seller,..and several other persons, proved of the incompetency of the Testator at the tune it. 7( the delivery of aoine articles, which Miss Foivles was ex uted, . . paid for. For t e Plaintiff, a Mr. Wright, a tenant of the . a Joseph Rhodes, at. present Clerk in the Bank of testator, and several other witnesses, w ere calk-4,- England, but formerly employed by the Major, in who swore to the sanity of Mr., Smith at the time of executii / tg the wilt. Mr., Hughes, the attorney vv1,14 copying papers and doing errands for him respeCting . drew it, stated that he took down the instrudiona. Andrews, the fatuous Swindler, slated that he re from, the testator's own mouth. The will was, be,, sides, fairly written ont, .aS, Weil aa aighed by al and paying some motley down. % collected Miss Fowles agreeing for the f u rniture, testator .hinaself. ' - . • The Major was. ex - . 'For the Defendant, several res enable p witnesses treinely distrested for • money at that time ; the sum . attended, who on She was to pay for the furniture was,. he believed.,• ' about 2001. He admitted that Miss Fowles took all the other hand deposed, that sotto her meals, in Alsop's Buildings. . • : years before hi-s death a Mr.• Smith was in a .state oC that , second childhood and altogether nic Mr. Searle, collector of taxes, proved - h he . . ! otheetent 10..e&-. ecutp 4 will. put a distress in for faxes at Northumberland-street, . . . . Mier : the things were removed. i Sir J. MANSFIELD, C. J. in surnmiug up the eve d . ence,, observed, that he believed this was the fi s rSk . -Ma",tor- Davison was then called to prove the sa l e : of his . furniture to Miss F. He stated tha t she was, ! time a will was dilnlted which was altogether it} going into .the straw - hat business , and a g reed to the testator's own kincl-wriling. -- lie only way tta reconcile the. testimony of, the witnesses Wasa by give hint 200 E for .the. furniture : tont. was paid, ~ supposing that the testator Might be in ditl - eret4 and the reinairider was to be paid within the. year. -• states at different times; but the wilt arilother- He was. shewn several receipts far mo nies on ac- - count,, Which he identified as his hand-writing.— ipapers 3.vri:ten by hint spol . ,e for themselves. ... He. declared that the transa6tion Was a bona ft - 4 - one. Verdia for the Plaintitt Sp that the validity a - On his cross-examination ,, he said , that he had the will. WAS established. ''' ' become acquaiuted with liss Fowles through the 'medium of Mrs. Morris, his housekeeper,.whom he had relieved from prison ; that she slept for some nights with Mrs. Morris, a,nd was a nice visitor. [Some questions were then put to the Witness re specting Miss Fowles, when the M a j or re q u e sted the proteCtiou of the Coon agaiust them, as he was a 1 married man.] About tree o'clock `yesterday, a Whirlwind * ok vane of wi7.41, took two trees in St. James's -Park * nearly oppcui.te the Palace, stripped them completely of their brabches, and left them like flag ; staffs. was singulu that at the same moment. there / Iva.% hardly a breath of air to be Telt out of . its range , . A person who:was op the spot compared the vane, a* to s i ze and velocity, to that of a water-mow. its ) i.-.li...tence Was felt about the same time firthe Shand„ ticar Tetnpl4 Bar. It Made a noise like the crash of a. falling hoase, and raised a ckqd of ,dust so denst4 , as to obstrua'all vision.. , . • • Hereditary Passion for Me Hater.—A, young girl was lately, convided at Paris for a trifling theft, which, however; Tendered. her liable to a capitak punishment. Frinn the nature of the theft, the? modesty of her Demeanour, and other favourable circumstances, she was advised to petition for pardon s as there was no doubt of its being granted. This, however, sha refused, observing, that- her grand-, ,:- i father, father 7, and brother had been:: hanged for stealingthat the passion for, stealing: ri;n i tlie blood—that she must certainly be hanged for it some time or other.„ and that,. therefore, in order to save time and trov.ble, she would be banged uow. SMITHFIELD MARKET,, 14.11. y /5. This day's market was bnt thinly supplied with difliirent kinds oficattle Mutton,. Lamb, and Pori_ci are cheaper than our last report.; Beef and Veal, sold at last prices, and the trade, for tile most part, wa*, somewhat Bat. The sales in the. Ilay-market were inconsiderable ; Clover fetched a better price. hat Monday's market ; Hay. and Straw have fallen. 4'4 price. The undermentionedprices and numbers att› - a correa statement : Pigs, 260. HA) , 61, cos. od. to 61. tis. od.—Clover 61. 16s. 6d. to Si? es. od.—straw ri. od. to 21. 4 s. od, SHIP Nsl;f'S. kryt.L., JtiLY 12. Arrived—the .13radfor1, Dean, and Rebecca, London ; Maria, —, troin the West Indies; anO. the ColLiati Age, fro►t 1.ei;11 . - nttAvlt.3l4D . , JULY ti. . . Passed by—the tilliana, —, trom the River Plata ; and•. the Nane:i., Evans, front Colk. • Sailed - the Atalanta, Bowman, for Madeira ; Atleons-9, .----, tbr Gottenburgh ; 'Abraham, Colden, and the Pie;l". ; dent, Owens; for Gib.altar. . il . .., 't'o sink thd frai pe;;,stone of Sib. Beef 45. c.d. to ss. oci.—Mutton 45. od. to 4s. Toki.—Veal /, 6s. od. to 7s. oti.—Lankb Gq. 04. to 63. 6d.—Pork 4s. 6a. is ss. od. Beasts, - jo —Sheep and Lambs, 476o.—Calyes, 1 ts.T-J 5001. sub) T 1 An atte E it:;berts, I , • .)1 the nat 11:s cle! MARRIED. On Monday last, at Bath, - - Store, Esq. to Miss Estb o ' Merxe, daught:r of the Hon. Baron Metge. A . The same d.,y, 4t Winehester,, Lieutehant-colonel coda frey, of the Hon. East- India Coma 'r y's - S4rv;ce, to Niii!i• Frances Silver,.eldest daughter off. N. Silver, Esq. Of WiPt:- chester. On Tuesday last, at . St. Pancras, William Ricl);.idson , Esq. Captain -in His Majesty's sth Garrtso Battalion. ; C l"' Miss Dot, 'Ulm,: or Tames Alrote, E.rq, •of Percy- Strcet. • Yesterday morning, at. Mary-le-bone .Church, 'fliomot Ranmer, Esq. eldest :,on ot Sir Thomas Harmer, Ilan. 4 4", liettisheid Park, to Miss I.l..whsale, cl(l.l.st (laugh , ' ter of the late Dy,:t 144ch5ale, Esq. of liaker-street. DIEL) • • On the 4th inst. Miss Mary Wardell, youngest daughteg, of the late I amos Wardell, Esq. of Fiuchiey Common. , ' On Wednesday bti'moight; Mr. Connor, Box .1.3c0k-kePP'' of the Mduchester Theatre.: On, the Seth ult. at 'pitscandly-House, Scotland, Farquhar, Esq. of Pitscandly. On Tiiesday se'nnighf, in Waterford, the . infant dauihtet e of Mr. Hill, y'ucal Performer.- • • • PR ICE . 0 STOCKS PEST. RU.AY. . , Bank Stock, lndia Stock, 035 i 1,56 t .. 20 ' . . Navy i per Cent 99},} i India Bonds, 4,. ss. 'Pr.. Irish 5 per Cent. . • • Exchequer Itills., - bs. Ss. Pr -4 pe, ~..ent. si ii-,. 1. . c imniurn, 3'4-. 4 per Ceut. hcd E 91.4 a 1111;v:ilia 3 per Cent. GS -1)- 3 per Cent. Coo. tm f it e i DottyAoll. .7 i ' liit.ik. L. Ann. IS i - ~,,itis 1,,: Cons, for z:8 inst. 70 !; ;si i 1:1.1G - 1 - i \VAT Eit AT'I,Op , DON BRIDGE TO-;it nr..••••■••••••••••••... - LONDON ; Printed by RICHARD H A RRIS,C.I No. 4, Martlett-eourT, Bowppreet ; and published by WILLIAM A R bri GEE Sp t irrs,. Sou Et) M n it on s treet,:Grosvenor-sgtw.:i At the SUN-Qpricit NQ, Strand where Adzvt;:gßinents„:Ordgrs for rfie Paoer, 4euers for the' .14ditor, Acc, (Post-paid) tin' s • Morning, 31 Min- after 7..1, Afternoon, it) roin. after \